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R04-198 II I 1 i RESOLUTION NO. R04-\qa 2 3 A RESOLUTION OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AUTHORIZING AND DIRECTING 5 EXECUTION OF AN AGREEMENT FOR WATER 6 SERVICE OUTSIDE THE CITY LIMITS AND 7 COVENANT FOR ANNEXATION BETWEEN THE 8 CITY OF BOYNTON BEACH AND PABLO AND 9 SANORINO MOY ADO; AND PROVIDING AN 10 EFFECTIVE DATE. 11 12 13 WHEREAS, the subject property is located outside of the City limits, but within our 14 water and sewer service area, located at 7879 Terrace Road, Hypoluxo, Florida (Tropical 15 Terrace Lot 89); and 16 WHEREAS, the parcel covered by this agreement includes a single-family home 17 located in the Tropical Terrace area; and 18 WHEREAS, a water distribution main exists on this street, allowing for the service 19 to this parcel; and 20 WHEREAS, No additional construction will be required by the City to serve this 21 property. 22 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF 23 THE CITY OF BOYNTON BEACH, FLORIDA, THAT: 24 Section 1. The foregoing "Whereas" clauses are hereby ratified and confirmed as 25 eing true and correct and are hereby made a specific part of this Resolution upon adoption 26 ereof. 27 Section 2. The City Commission hereby authorizes and directs the Mayor to 28 xecute a Water Service Agreement between the City of Boynton Beach, Florida and Pablo 29 d Sanorino Moyado, which Agreement is attached hereto as Exhibit "A". 30 Section 3. This Resolution shall become effective immediately upon passage. ':\CA\RESO\Agreements\Water Service\Moyado Water Service Agreement.doc II r 'I i' 1 1 I 2 3 4 PASSED AND ADOPTED this ~ day of November, 2004. 5 6 7 CITY OF BOYNTON BEACH, FLORIDA 8 9 ~ 10 -? 11 ..-/ 12 ---- 13 ice Maê: 14 15 í?,g ~_~. 16 commis~ter /L-:: _v 17 } /.~;j.. ..7 . ~ 18 ~2- 4~/ - ) \ 19 b' >, ) 20 21 . fr ~J-,.) 22 Commissioner 23 Attest: 24 25 26 2 28 S:\CA\RESO\Agreements\Water Service\Moyado Water Service Agreement.doc RO~-lq8 THIS INSTRUMENT PREPARED BY: James A. Cherof, Esquire Josias & Goren, P.A. 3099 East Commercial Blvd. Suite 200 Ft. Lauderdale, FL 33308 AGREEMENT FOR WATER SERVICE OUTSIDE THE CITY LIMITS AND COVENANT FOR ANNEXATION THIS AGREEMENT made on this ,), (: -tIflay of 0 ct·ò be. V , 200-.1, by and between Wb \() ;"]f\d (l/i?f\r" \1"\<:'... Mrereinafter called the "Customer", and th; CI OF BOYNTON BEACH, a municipal co oration of the State ofFlonda, heremafter called the "City". WHEREAS, Customer owns real property outside of the jurisdictional limits of the City of Boynton Beach, Florida; and WHEREAS, Customer has requested that the City of Boynton Beach, Florida provide water service to the property owned by Customer; and WHEREAS, the City of Boynton Beach has the ability to provide water service to Customer's property; and WHEREAS, the City of Boynton Beach has a policy which conditions the grant of water services outside of its jurisdictional limits on annexation of the property to be serviced into the City at the earliest practicable time. NOW THEREFORE, for and in consideration of the privilege of receiving water service tram the Municipal Water System and the mutual covenants expressed herein, the City of Boynton Beach and the Customer, his heirs, successors and assigns, agree as follows: I. The City agrees to provide èustomer with water service fÌ"om its Municipal Water System to service the real property described as follows and which Customer represents is owned by Customer: (Exhibit A) 2. The Customer and the City hereby agree that there are L..':L Equivalent Residential Connections which City shall service. 3. The Customer agrees to pay all costs and fees of engineering, material, labor, installation and inspection of the facilities as required by the City of Boynton Beach Code of Ordinances or Land Development regulations to provide service to the Customer's premises. The Customer shall be responsible for installation in conf0I11"\ance with all codes, rules and regulations 1 applicable to the installation and maintenance of water service lines upon the Customer's premises. All such lines shall be approved by the Director of Utilities and subject to inspection by the City Engineers. The City shall have the option of either requiring the Customer to perform the work necessary to conform the lines or the City may have the work performed on behalf of the Customer, in which case the Customer will pay in advance all estimated costs thereof. In the event the City has such work performed, the Customer will also advance such additional funds as may be necessary to pay the total actual costs incurred by the City. 4. Any water main extension made pursuant to this Agreement shall be used only by the Customer, unless written consent is granted by the City of Boynton Beach for other parties to connect. All connections shall be made in accordance with the Codes and regulations of Boynton Beach. > 5. Title to all mains, extensions and other facilities extended from the City Water Distribution System to and including the metered service to Customer shall be vested in the City exclusively unless otherwise conveyed or abandoned to the property owner. 6. The Customer agrees to pay all charges, deposits and rates for service and equipment in connection with water service outside the City limits applicable under City Ordinances and rate schedules which are applicable which may be changed from time to time. 7. Any rights-of-way or easements necessary to accommodate the connections shall be provided by the Customer to the City. 8. The Customer shall, contemporaneously execute and deliver to the City an Irrevocable Special Power of Attorney granting to the City the power and authority to execute and advance on behalf of the Customer a voluntary petition for annexation. Customer covenants that it shall cooperate with the City and not raise opposition or challenge to such annexation if and when annexation is initiated. The property shall be subject to annexation at the option of the City at any time the property is eligible under any available means or method for annexation. Customer will inform any and all assigns or purchasers of any or part of this property of this covenant and of the irrevocable special power of attorney, but Customer's failure to provide such notice shall not constitute a defense or bar to the City's rights as set forth herein. The Customer acknowledges that the consideration of initially connecting to tlÌe City's water supply is sufficient to support the grant of the power of attorney any subsequent disconnection or lack of service shall in no way impair the power of attorney nor constitute a diminution or lack of consideration. ., 2 9. Annexation is intended to be and is hereby made a covenant mooing with the land descn"bed in paragraph I above. This Agreement and the power of attorney referenced herein is to be recorded in the Public Records of Palm Beach County, Florida, and the Customer and all subsequent transferee, grantees, heirs or assigns of Customer shall be binding on the Customer and all successors and assigns. 10. n is agreed that the City shall have no liability in the event there is a reduction, impairment or termination in water service to be provided under this Agreement due to any . prohibitions, restrictions, limitations or requirements oflocal, regional, State or Federal agencies or other agencies having jurisdiction over such matters. Also, the City shall have no liability in the event there is a reduction, impairment or termination of water service due to acts of God, accidents, strikes, boycotts, blackouts, fire, earthquakes, other casualties or other circumstances beyond the: City's reasonable control. II. The Customer hereby agrees to indemnify, defend and hold harmless the City of Boynton Beach, Florida, its Mayor, Members of the City Commission, Officers, employees and agents (Both in their individual and official capacities) from and against all claims, damages,law suits and expenses including reasonable attorneys fees (whether or not incurred on appeal or in connection with post judgment collection) and costs rising out of or resulting from the Customer's obligation under or performance pursuant to this Agreement including disputes for breach of warranty of title. 12. No additional agreements or representations shall be binding on any ofthe parties hereto unless incorporated in this Agreement. No modifications or change in this Agreement shall be valid upon the parties unless in writing executed by the parties to be bound thereby. 13. The Customer warrants to the City that Customer holds legal and beneficial title to the property which is the subject of this Agreement. IN WITNESS WHEREOF, the parties hereto have set their hands and seals thisó10+n day of (X:.+-0t)ev ,2004. WITNESS: INDIVIDUAL(S) AS OWNER(S): .£ ~. Pa¿Jo _ _ _{~~ .. J_ µc-yC7t C/o Witness Sig..dture , Owner Signature 54""!, ~ dJ!ft,>- Pr..b/ù f'(1ðtjo.cl(. Printed Wi.ness Name Printed Ownef Name ~~ (a~~) . . ../ Wi s Signature ' ~f f&vIJÓ \ Printed Witness Name 3 ~r;pÁ-/ (}f\C¡"( IN? go Vf'Hi 0 Itness Si!5uature Owner Signaturè ~ .Pi¡),SAN_ C.oc..[INJ' (' t"_Vl.9nt'lQ.. /JI1.~()Jð Printed WitÙess Name Printed Owner ame <:~.__. ? Itness gnature . "( /l(!;ja e... ~,f/AJð Printed Witness Náme FOR INDIVIDUAL (S) NOT ARIZA TION: STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duIy authorized in the State a::Eaid and in the . County ~oresaid to taIçe acknowledgments, personally appeared _ a.lJlo, ßdo "I-:" "f'r1/')((¡,rrð:JtLJP. ...tln to me known to be the p . n(s) des~j¡n(t.and who executed the foregoing in~ent that he/she acknowledged before me that he/she executed the same; that the individual was personally known to me or provided the following proof of identification: WITNESS my hand and official seal in the County and State last aforesaid this d Ò ~y of () e~ ,200j. (Notary Seal) œ'-'M."dd'H'>,6~h, ~ ! \rmnm'''¡.n " DDI25274 N t Publ" :' . i Blpira July 19 2006 0 ary lC % .I Bonded ~ . 11P.t~ '<" Atlantic Bonding Co.. Inc. WITNESS: CITY OF BOYNTON BEACH, FLORIDA Mayor AITEST: City, Clerk 4 STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH) I HEREBY CERTIFY that on this day, before me, an officer duly authorized in the State aforesaid and in the County aforesaid to take acknowledgments, personally appeared , Mayor and , City Clerk respectively, of the City named in the foregoing agreement and that they severally acknowledged executing same in the presence of two subscribing witnesses fi'eely and voluntarily under authority duly vested in them by said City and that the City seal affixed thereto is the true corporate seal affixed thereto is the true corporate seal of said City. WITNESS my hand and official seal in the County and State last aforesaid this day of ,200_. (Notary Seal) Notary Public Approved as to form: City Attorney , 5 THIS INSTRUMENT PREPARED BY: James A. Cherol. Esq.... _as & Goren. P A. 3099 East Commercial Btvd. Sulle200 Fl Lauderdale. FL 33308 IRREVOCABLE SPECIAL POWER OF ATTORNEY (By Individuals) STATE OF FLORIDA COUNTY OF feA \.0'\ ~ <"Q<.h I/We, pap \0 t C\c~() ÇO'AO Hoyx1o hereinafter "Grantee", hereby make, constitute, and appoint THE CITY OF BOYNTON BEACH, FLORIDA, true and lawful attorney in fact for Grantee and in Grantee's name, place and stead, for the sole purpose of executing on behalf of Grantee the power to initiate, maintain, and complete a voluntary petition for annexation of the real property described herein into the CITY OF BOYNTON BEACH. ThIs power shall extend to the CITY OF BOYNTON BEACH - full and complete authority to act on Grantee's behalf to accomplish annexation by any , I available means. The real property which is the subject of this power is described as follows: 00 - ¿{3-'1'S~\O - 07 - ODD - ð'690 The powers and authority of niy attorney, THE CITY OF BOYNTON BEACH, FLORIDA, shall commence and be in full force and effect on the day of , 20_ and the powers and authority shall be irrevocable by Grantee. IN WITNESS WHEREOF, we have hereunto set our hands and seals the day of , in the year two thousand and Sealed and delivered in the presence of ~tlvc-~J PolY /p ·/4oYado Witness Signature bwner Signature , S' (J .f1 .~ bJ f) MCI/O-."J 0 Printed Witness Name Printed Owner Name ( / - / Mt4tU¡JV (/Wf.i//£ Printed Witness Name ~~&P~r Geno"" ; 1)0 f1 () 'fa dn Owner Signature , tness Signature ( ~O(:rtc. N1c,,~ do óVJ7(¡tI C~u.¡if Printed Witness Name Printed Owner Name ( ~. ~ 'Ik!.Ja? ~ Printed Witness Name STATE OF FLORIDA ) ) ss: COUNTY OF PALM BEACH ) Ùç THE FOREGOING INSTRUMENT as acknowledged before me this c2 ð day of t(~~ . 20t2..L by I,., in 0 d and , who are known to me or who ave produced . as identification and who did/did nottake an oath. ~Ä. hcúÂ NOTARY PUBLIC , Type or Print Name "~~~~"'''' Barbara M. Madden Commissiòn\No. ¡ \""""'''¡on # DD125274 . - My Commission Expires: 0::....... . 006 "'-:'''-¡' OF f\: .l Bonded 1bru POA.IND "'tHln'\' Atlaatfc BoncUngCo., Inc. Palm Beach County Property Appraiser Property Search System Page] of2 ~~H¡¡4i 'J ~Ii '''';1 ~"I L~ ,. \ Property Appraiser s PLti1c f\~-::l"S· :::..>dt~1 ":;;: ~,;'\' ......'.. 'Y'r~ >, '1' .:.'..... ~ ,..... , - . ,;-,;¡¡' , ,,' ,¡ , I ~ ~ Jl ! ~ :=,<qt.tlla ~-r~;;;~ 1 1t -i Property Information Location Address: 7879 TERRACE RD ~¡~å'~i!ùl Municipality: UNINCORPORATED Parcel Control Number: 00-43-45-10-07-000-0890 Subdivision: TROPICAL TERRACE IN Official Records Book: 11138 Page: 1983 Sale Date: May-1999 Legal Description: TROPICAL TERRACE LT 89 Owner Information Name: MOYADO PABLO ~,",I Mailing Address: 7879 TERRACE RD LAKE WORTH FL 33462 6145 Sales Information Sales Date Book Page Price Sale Type Owner May-1999 11138 1983 $48,500 WARRANTY DEED MOYADO PABLO Sep-1998 10652 1176 $28,000 WARRANTY DEED Sep-1998 10745 1616 $100 WARRANTY DEED CO GRP INC Exemptions Regular Homestead $25,000 Year of Exemption: 2004 Total: $25,000 Appraisals Tax Year: 2004 P 2003 2002 Tax Year 2004 Improvement Value: 37 09, 34,43, 3112( Number of Units: 1 Land Value: 15 663 14,08C 11 OO( *Total Square Feet: 900 Total Market Value: 52 76~ ;48,51, ;42 12 Use Code: 0100 Description: RESIDENTIAL * in residential propertie8 may indÌCilte living area. P = Preliminary Values Assessed and Taxable Values Tax Year: 2004P 2003 Assessed Value: 32 811 3219 ~ Exemption Amount: 2500 2500 Taxable Value: 7811 71 Tax Values Tax Year: 2004P 2003 ~ Ad Valorem: 15 141 Non Ad Valorem: 191 19 ~".,...I Total Tax: 3 33 ~ ~---..J ~ c... '.- ,I RE!cord~¢:arch Infort'rl<':ltion I Exemptio.ns I C()mmunity I Employment I New tjQmeBuy~r I OffiçE! Locattoqs http://www.co,palm-beach.fluslpapaJaspxJweb/detailjnfo.aspx?p _ entity=004345I 00700.., ] 0/18/2004 All Owner Page 1 of 1 All Owner(s) PCN Number: 00-43-45-10-07-000-0890 Owner Names MOYADO PABLO MOYADO SANORINO ,~, -W-,,",I L, ~"-~"I http://www.co,palm-beach.fluslpapalaspxlweb/al10wner.aspx?entity _id=0043451 007000... 10/20/2004 --~-- --- - the SUI/s/¡inc State -- LJCENSE ~R M300_100-71-141-C ~.dll! tIftJYþO ~~IØD tJINT""'" F\. \130&1- &ltnH D~:Te sex HGtREST - 04-%1.71 M &-eO ~.~ IssuED .-" .......""',. " of 1..19-00 01-21-G7 ao.œ-oo tAO,~ ¡~: ~EDRIVEI\ ",-' ¡¡¡;.oo;'" .....-"""".....--_..----i.....- - Ii: "_._"-~-~ .ì'R -- k ~,~~~¡¡j!'-. .\'... I,' M300-660:Gš~O~~-- PABLO MOYADO """ TERRACE RD LANT....... FL 334IIO.eM5 ßIRTHOATE SEX 01-05-68 HGT, REST. M 5-05 ENDORSE ISSUED : J1tJ ,2-...... 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